Section Newsletters

Articles From Steven C. Perlis

Refusal to disclose assets By Steven C. Perlis Elder Law, June 2011 Under current Department of Human Services policy, the community spouse may elect not to disclose assets that have been held separately by the community spouse longer than the applicable look-back period.
Use of trusts in VA pension planning By Steven C. Perlis Elder Law, December 2009 This article is on the use of trusts in qualifying veterans and their survivors or dependents for VA pension benefits. The pension benefit can be helpful in paying for unreimbursed medical costs, and often makes the difference between remaining at home and premature admission into a nursing facility.
Case study: An example in combining VA, Medicaid, and Community Care benefits to avoid long-term care placement By Steven C. Perlis Elder Law, April 2009 An example of a situation where several public benefits might be simultaneously available and enable an eligible client to remain at home rather than being forced into an institutional living situation.
New VA regulations regarding attorney fees and accreditation By Steven C. Perlis Elder Law, November 2008 New VA regulations regarding attorneys’ fees and accreditation were released as a final rule by the Department of Veterans Affairs in the May 22nd Federal Register (73 FR 298520).
VA pro bono project and attorney fees for VA cases By Steven C. Perlis Elder Law, December 2007 On October 5 I attended an all-day workshop on handling veterans’ cases.
N.Y. Court allows reformation of trust to confirm to grantor’s Medicaid planning intent By Steven C. Perlis Elder Law, May 2007 In the February 2007 issue of Elder Law Answers, the following case of note was reported:
The Hines case—The story behind the story By Steven C. Perlis Elder Law, June 2006 On the surface, the unanimous slip decision in favor of the Probate estate is a victory for Medicaid planners.
Pending Illinois Supreme Court case of first impression—Medicaid estate recovery against surviving spouse’s probate estate By Steven C. Perlis Elder Law, February 2006 The Elder Law Office of Steven C. Perlis and Associates, P.C. represents the Executor as Appellee in the Illinois Supreme Court in Hines v. Illinois Department of Public Aid, 358 Ill.App.3d 225, 831 N.E.2d 641, 294 Ill.Dec. 691 (App. 3rd Dist. 2005).
The most important person in the courtroom By Steven C. Perlis Elder Law, November 2005 Mrs. E reminded everyone that she was the most important person in the courtroom. Indeed one might ask why it sometimes seems to take somebody as feisty as Mrs. E to remind us of that? 
Case note—Federal court denies appeal of ALJ’s denial of medicare coverage of experimental prostate surgery By Steven C. Perlis Elder Law, June 2003 The plaintiff was diagnosed with prostate cancer in 1994.
Community Medicaid cases and spousal impoverishment update By Steven C. Perlis Elder Law, October 2001 Frequently, a married couple struggles with the question of when to apply for Medicaid. Is it too soon if the disabled person is still at home, but suffering from a decline in the ability to handle activities of daily living?
Elder law update By Steven C. Perlis Elder Law, February 2001 For calendar year 2001, the community spouse resource allowance ("csra") is $87,000.
Medicaid planning for ill spouse By Steven C. Perlis Elder Law, March 2000 Often the practitioner is faced with a situation where an ill spouse has already been approved for Medicaid and the well spouse wants to know if any more estate planning is needed.
Regulatory changes By Steven C. Perlis Elder Law, March 2000 It used to be that somebody going on Medicaid could buy an annuity, so long as it was a single payment, was irrevocable, and met the federal and state life expectancy table requirements.
Victory in attempted involuntary transfer of Medicaid-pending client By Steven C. Perlis Elder Law, March 2000 Two years ago, this office took the case of a resident of a nursing home who faced a transfer despite the fact that the application for Medicaid was pending.
Community spouse wins large Medicaid asset transfer amount By Steven C. Perlis Elder Law, November 1999 In a recent case in Cook County Chancery Division, a community spouse applying for Medicaid for her nursing facility resident husband succeeded in a contested case in keeping assets above the $81,960 asset allowance and income above the $2,049 monthly income allowance.
The pooled trust as an asset conservation/Medicaid planning tool By Steven C. Perlis Elder Law, November 1999 This author has found many occasions for bringing up the possible use of a pooled trust as a sensible strategy for nursing home residents (or others) or their family members to consider.
Department of Public Aid attempts to argue immunity from contempt proceedings for unreasonable delays in Medicaid case By Steven C. Perlis Elder Law, April 1999 On April 30, 1998, a nursing home resident filed an appeal to the Cook County Circuit Court, Chancery Division, disputing the Illinois Department of Public Aid's denial of Medicaid eligibility.
“Granny’s lawyer goes to jail” law held unconstitutional by federal judge By Steven C. Perlis Elder Law, April 1999 Many general practitioner cringe at the thought of counseling elderly clients, or their family members, regarding Medicaid planning techniques.

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